Contract Disputes

Contracts are critical to all aspects of every business. They can be used to dictate when a shipment of goods is scheduled to arrive, how much a buyer is expected to pay for a particular product or service, or the responsibilities of a key employee. No business can thrive without the support of clear, valid, and enforceable agreements. While contracts provide guidelines for both transactions and professional relationships, they can also lead to disputes and disagreements.

Unless they are quickly resolved, these disputes will negative effects on many aspects of your business. Disagreements can cause delays, impede regular operations, hamper productivity, damage working relationships, and ultimately, lower your revenue stream. If your business is struggling to resolve a disagreement over a contract with another party, it is imperative that you take action today to prevent the problem from growing even larger tomorrow.

To arrange for a private legal consultation with an experienced business attorney, call Manavi Law Group, APLC at (310) 879-5616.

Contract Dispute Resolution: Services We Offer

If your business has been struggling to settle and move forward from an ongoing disagreement, it may be time to seek additional support. At Manavi Law Group, APLC, our team has years of experience helping individuals and businesses of all sizes resolve the most difficult and complex of conflicts, including but not limited to:

• Dissolution Agreements
• Distribution Agreements
• Noncompete Agreements
• Noncompete Agreements
• Partnership Agreements
• Property Leases
• Restrictive Covenants
• Sales and Purchase Orders

Whether you need an aggressive litigator to advocate for you in court, or a qualified mediator who can guide you toward your own solution, Manavi Law Group, APLC can help. Don’t wait for the statute of limitations to expire and leave with you without legal recourse: call our law offices today to start exploring your best options for the future.

Litigation Vs. Mediation: Which Is Right For Your Dispute?

Litigation and Mediation are opposite approaches toward the same ultimate goal: the resolution of a dispute. While the objectives of these strategies are the same, they take very different paths. So which is right?

Mediation is the milder of the two approaches. Unlike litigation, which takes place in a courtroom before a judge (and usually, a jury) who ultimately rules in favor of one party, mediation takes place in conference rooms with a qualified mediator. Unlike a judge, the mediator’s role is not to decide rights, but to guide the parties to their own, mutually planned solution. A mediated agreement will give the parties a full control over the end result. Mediation is also typically less expensive and much faster than litigation. On the other hand, litigation may be preferable where the defendant proves either unwilling or unable to work with you to end the dispute, or where one party demonstrates bad faith or a lack of transparency.

Proving Breach Of Contract And Recovering Damages

In some instances, what starts as or appears to be a simple dispute may actually lead to something more serious, referred to as breach of contract. When breach occurs, it means that one party in a contract fails to satisfy the essential terms it previously agreed to meet. There are several different types of breach which you or your business may possibly be dealing with, such as:

• Anticipatory Breach — This occurs when the breaching party deviates from the terms of a contract prior to the agreed-upon date. In other words, there is a known intent to disregard an agreement.
• Material Breach —"Material" simply means significant, and therefore is often described as depriving the one party of “essential terms of the contract.” If a breach is deemed material, the non-breaching party may be excused performing on the contract, and furthermore may be granted the right to sue as a means of recovering damages.

In order to prove that a breach occurred, there are several points you will need to be able to demonstrate in court:

• You entered into a contract.
• You met your responsibilities, while the other party did not.
• You suffered financial damages as a result of the breach.

If you are concerned your business may be dealing with an actual or anticipatory breach, or if you need to bring a dispute to an end, the experienced California contract dispute team of Manavi Law Group, APLC are here to assist you. To schedule your confidential consultation, contact us at your earliest convenience.

More Information:

• Common Legal Issues For California Businesses